New Title IX Regulations: A Seismic Shift During a Pandemic (Webinar Recording)
Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations. The deadline for releasing the new regulations has been pushed back several times...more
[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more
In our second blog entry, “Barriers to Student Reporting,” we reported that a quasi-legal judicial system may produce increased barriers for reporting sexual misconduct cases and, therefore, have diminished effects on...more
Picture this: you receive a complaint from a student who is a member of your school district or institution’s student newspaper alleging Title IX sexual harassment that involves a fellow member of the student newspaper staff....more
In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more
On January 9, 2023, at 9:00 a.m. we presented our first in a monthly series of “Title IX on the Nines” webinars. We were joined by over 100 people from the K-12 and college/university levels. We discussed the top five...more
In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing...more
On June 23, 2022, the U.S. Department of Education (the Department) announced that it intends to amend the current Title IX regulations that were instituted under the Trump administration in May of 2020. The Department’s...more
You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more
The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more
On June 23, 2022, the 50th anniversary of the passage of Title IX, the Department of Education (DOE) released proposed major changes to the current Title IX regulations made effective in August 2020. The proposed revisions...more
We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more
In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over...more
We sue educational institutions when our clients have been wrongfully expelled or suspended for violating a college’s Title IX sexual misconduct policy. When we file these federal lawsuits, we do not file under our client’s...more
As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced its intention to...more
It’s an all-too-common scenario these days: Students report sexual misconduct perpetrated against other, often unnamed students. They post anonymously on Instagram. They tape letters to walls or post complaints on bulletin...more
Last month, the president signed Executive Order 14021, directing the Department of Education (DOE) to review the Trump administration’s controversial Title IX regulations and provide findings within 100 days. As we noted in...more
During the presidential campaign, President Biden indicated that he would revive Obama-era guidance to schools on how to investigate sexual harassment and assault under Title IX, including the 2011 “Dear Colleague Letter”...more
Doe v. Edgewood Indep. Sch. Dist., 964 F.3d 351 (5th Cir. 2020) - PROCEDURAL HISTORY: Jane Doe filed suit against the Edgewood Independent School District (“the District”) alleging that the District was deliberately...more
Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more
The 2020 Title IX Regulations have created a number of interesting brain teasers for legal experts and industry professionals. Ever since the first “leaked” draft of the proposed regulations in summer/fall 2018, the experts...more
Higher education institutions and schools have spent the summer of 2020 revisiting their sexual harassment and misconduct policies to ensure compliance with the May 2020 Title IX regulations. These efforts have required...more
In recent weeks, I have been lucky enough to be involved in the conversation about what changes the Biden administration should make under Title IX. In addition to informal discussions with colleagues, administrators, and...more
Doe v. University of Kentucky, No. 19-5126 (6th Cir. 2020) - PROCEDURAL HISTORY: Doe filed an initial suit against the University of Kentucky (“University”) in October 2015 and subsequently filed multiple...more
Over 100 self-described advocates for civil rights and student survivors of sexual assault and harassment recently signed a letter asking President-elect Joe Biden to “stop enforcement” of the new Title IX rules “as soon as...more